Father’s Rights & Child Custody Law in Oklahoma

With recent trends in divorces in the United States, divorce is becoming a more common occurrence across the country. Oklahoma has one of the highest divorce rates in the country for both men and women. Divorce comes with various concerns, and if the married couple has children, the concerns over how the separation will affect them often take center stage.

While some fathers may be concerned about losing their children in custody battles, the legal system has undergone a variety of changes since the 1970s to ensure that both men and women have equal rights in terms of custody, care, and control of their children. If you’re undergoing a divorce, a seasoned Oklahoma divorce attorney at Putnam Law can help defend your custody rights.

What Happens During a Child Custody Case?

Paternity, or the legal proof that the father is indeed the biological father of the child or children, plays a large role in determining who gets custody in a divorce case, but it is not the only factor. Paternity can be accomplished by signing an Acknowledgement of Paternity after the child’s birth, by filing a paternity case, or by conducting a DNA test.

However, since custody in Oklahoma divorce cases is assigned by the judge, the judge has final say in determining who is best fit to care for the children in a custody battle. In some cases, the man who raised the children may be a better caretaker than the paternal father.

What are the Father’s Rights in a Custody Battle?

For fathers fighting for custody of their children, there are two primary options: joint custody and sole custody. Joint custody is when both parents are granted rights on how the child should be raised, which can range from what school the child attends or what religious values the child is taught. Sole custody is when one parent is awarded full custody and rights for how to raise the child.

Even in cases where one parent is awarded sole custody, the other parent may have a claim to supervised visitation rights in Oklahoma. In addition, the court holds as a default that joint custody is generally in the best interest of the child. This means that if the mother sues you for sole custody of your child, the burden of proof falls on her to prove that the child would be better off without joint custody and solely in her care

Additionally, while you are not legally obligated to pay child support if you’re not the biological parent, you may be required to pay child support for your biological children. Joint custody can help reduce the cost of raising a child as consideration is given to the total “household” income of both parents.

In cases where the mother is abusive or unable to raise the child, you have the right to file for sole custody to claim full protective custody

Oklahoma Divorce Lawyer

If either you or someone you know are going through a complicated divorce involving a custody battle, contact the experienced divorce attorneys at the Putnam Law Office by calling (405)-849-9149 for a free consultation. You do not have to face the complications and struggles of divorce alone, and we are here to help preserve your rights to custody.